Protection Life Insurance v. Foote

Citations

• 79 Ill. 361

Syllabus

<p>1. Practice—effect of amendment on motion to strike pleadings from the files. Where a motion is made to strike a replication from the files, and a cross motion is at the same time entered for leave to amend, and the amendment is permitted, if the replication is still objectionable, the motion to strike it from the files should be renewed, and if this is not done, the defendant can not urge, the objection in this court, that the court below erred in not sustaining his motion to strike the replication from the files.</p> <p>2. Assignment op error—-necessity thereof. An objection to the proceedings in the court below can not be urged in this court unless it falls under the errors assigned.</p> <p>3. Error will not always reverse—admission of evidence. Where a portion of certain depositions are improperly read in evidence, if the court can see that it could not have changed the result with the jury, the judgment will not be reversed on account of such improper testimony.</p> <p>4. Where a postmaster testified, on his direct examination, in his deposition, that a part)' bought a money order from his ofiice for a certain amount, of a certain date, and payable to certain parties, and, on his cross-examination, stated that he only knew these facts from the money order record and the statements of the money order clerk, it was held, his testimony was inadmissible, and should not have gone to the jury, but when it appeared the money order clerk referred to, testified to the same state of facts clearly and distinctly, as of his own knowledge, the improper testimony of the postmaster could not have changed the result with the jury, and consequently its admission was no cause for reversing the judgment.</p> <p>o. Mutual life insurance companies—powers and duties of their officers. In the absence of express provisions in the charter of a mutual life insurance company limiting the appointment of its officers and agents, or the scope of their duties and powers, it must be presum